Montana Attorney General Opinion 15-338

Opinion No. 338 Cla.ims-Legality-Cont,·acfs. HELD: Claim ~o. 582498 filed hy the )lontana Stained Glass Company, by reason of the facts recited and because it is not based upon a contmct made according to either Chapter 149, Laws of 192i, or Chapter 66, Laws of 1923, is illegal. September 16, 1933. With reference to Claim No. 582498, in the sum of $2219.88, filed by Mon- tana Stained Glass Company, please be OPIXIOXS Ol~ THE ATTORXEY GEXERAL 229 a(l\'ised that this claim was transmitted to your office without my signature. without my consent, and without m~' knowledge. After it had heen tntns- mitted I received the information that it had been sent to you. The facts, as outlined in your re- quest and as supplemented by my own knowledge, are as follows: The claim is for materials presum- ably used on the Capitol dome. sky- lights, 'portions of the roof and onp or two smaller jobs, The amount exceeds $500.00, on each of the major projects. There is no contract for any of the \\'ol'k, excepting repairing stained glass nnd sky-lights, in which instance a con- tract executed by two members of the boa rd is on file, in the office of the Boa I'd of ]i}xaminers. Tllis contract fixes no specific amount, but pro"ides for pa~'ment of materinls at 17% under "list" price. Thc Uontana Stained Glass Company. does not appcar from the records of the office of the Secreta ry of Sta tc to he a corporation, hut is a name under which one Elwood Von Zimmer is doing business. Elwood Von Zimmer. who signed the claim as the manager of Montana Stained Glass Company, is the same person as K. E. Von Zimmer who signed thc contract for the stained glass work in the sky·lights, and who nppears on the payroll for a number of weeks work as foreman on all the work a hO\'e mentioned. The apprm'ing stam[) of the custodian (Ioes not designate against what ac- count the claim is to be charged but pasted to the claim is a slip of paper hearing the inscription "Other Opera- tions No. 5473." A notation near this slip asserts that the claim was suh- mitted by the claimant with that no· tation attached. Chapter 149, Laws of 1927, provides that no contract shall be made by the Hoard of Examiners, or any ~tate of- ficers, for the repairs or alterations or improvement of any building in excess of $500, except upon advertisement and competith'e bids. It further provides that any contract which directly or in- directly recognizes the cost plus system shall be invalid. The claim does not disclose the exact purposes for which the lIIutel'ial was used. Assuming, however, that the pru- ject;;; might he so subdidded that the e1aim could be reduced to separate jobs of less than $500 each. then Chapter 66, Laws of 192.'3. as amended, would ap- ply. This chapter provides that the pur- chasing agent ;;;hall purchase all ar- ticles required by the institutions. boards and departments of the state. S'uch purchases shall he made by means of hids. That chapter further provicles that 110 person in the employ of the State of . :\iontana in an~' capacity whatsoe"er shall directly, or by any other persoll for his use, enjoy the benefits of any contract under said act. By reason of the law stated and under the facts recited it is my opinion that the claim is illegal.